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Second appeal in an armed robbery case quashed for insufficient proof, with the Court of Appeal finding problems in identification, chain of custody, and record loss.
The High Court ordered a retrial after finding the original record was missing and reconstruction was impracticable because even the charge sheet could not be found.
Where the original court record is lost and the applicant has served a substantial portion of the sentence, ordering a retrial would not serve justice and may cause injustice to both the accused and the victim; therefore, the conviction and sentence should be quashed and the applicant released.
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